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HUMPHREYS v. CLINIC FOR WOMEN, INC.

No. 49S00-0011-CV-714.

796 N.E.2d 247 (2003)

Katherine HUMPHREYS, Secretary, Indiana Family & Social Services Administration, Appellant (Defendant below), v. CLINIC FOR WOMEN, INC., Women's Pavilion, Inc., Ulrich G. Klopfer, D.O., and Martin Haskell, M.D., Appellees (Plaintiffs below).

Supreme Court of Indiana.

September 24, 2003.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Thomas M. Fisher, Special Counsel, Office of Attorney General, Indianapolis, IN, Attorneys for Appellant.

Mary Hoeller, Indianapolis, IN, Bebe J. Anderson, Bridgitte Amiri, New York, NY, Attorneys for Appellee.

Bruce A. Stuard, Elwood, IN, Paul Benjamin Linton, Northbrook, IL, James Bopp Jr., Richard Coleson, Terre Haute, IN, Attorneys for Amici Curiae Members of the Indiana Legislature, Indiana Right to Life Committee, Inc.

Kenneth J. Falk, Jacquelyn Bowie Suess, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Civil Liberties Union, Inc.

SULLIVAN, Justice.

Indiana's Medicaid program will pay for a poor woman to have an abortion but only if necessary to preserve her life or if rape or incest caused her pregnancy. The plaintiffs in this case argue, and the trial court held, that Medicaid must pay for any abortion that is medically necessary, citing the Indiana Constitution's requirement that privileges or immunities cannot be granted to a citizen or class of citizens that do not equally belong to all...

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